Data Center Fair Share Act

This Act may be cited as the “Data Center Fair Share Act”.

(a) Federal standards relating to large-Load customers.— Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:

“(22) Standards for large-load customers.—

(A) Recovery of full, incremental cost of upgrades.— A rate charged, or entered into, by an electric utility for providing electric service to a large-load customer shall be designed to recover from the large-load customer the full, incremental costs of any generation, transmission, or distribution upgrade necessary to serve the load of such large-load customer, including in the event of such large-load customer terminating a contract or other agreement with the electric utility pertaining to the sale of electric energy, or otherwise ceasing the purchase of electric energy from the electric utility.

(B) Contribution or assignment of costs for upgrades.— Before an electric utility makes any generation, transmission, or distribution upgrade that is necessary to serve the load of a large-load customer, or a group of large-load customers, the electric utility shall—

(i) require the large-load customer, or the group of large-load customers, to cover the full costs of such upgrade through a contribution in aid of construction; or

(ii) assign the full costs of such upgrade to a class of large-load customers.

(C) Large-load customer defined.— In this paragraph, the term large-load customer means a non-residential electric consumer that, on or after the date of the enactment of this paragraph, requests to enter into, or enters into, a contract or other agreement pertaining to the sale of electric energy for one or more facilities that have, in the aggregate, a peak electric demand of 100 megawatts or more at a single site or campus.”.

(b) Conforming amendments.— Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended—

(1) in subsection (b), by adding at the end the following:

“(9)

(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).

(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).”;

(2) in subsection (c)—

(A) by striking “subsection (b)(2)” and inserting “subsection (b)”; and

(B) by inserting “In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22).” after “paragraph (21).”; and

(3) by adding at the end the following:

“(i) Other prior state actions.— Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—

(1) the State has implemented for the electric utility the standard (or a comparable standard); or

(2) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.”.

(a) In general.— Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

“180. Federal standards relating to large-load customer.— The Secretary shall withhold 100 per centum of the amount required to be apportioned to any State under section 104(b) on the first day of each fiscal year after the first fiscal year beginning after the date of enactment of this section, in which the State has not implemented the standards under section 111(d)(22) of the Public Utility Regulatory Policies Act of 1978.”.

(b) Clerical amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: